- General Terms and Conditions (GTC'S)
- 1. GENERAL
- The owner of the website millerandmarc.com is Miller & Marc GmbH (hereinafter Miller and Marc), with registered office in Berlin 10119, Auguststraße 58, St.Id-Nr: 29/444/30216 and email address hallo@millerandmarc com.
- Miller & Marc GmbH is registered in the commercial register of Berlin-Charlottenburg under VAT number: DE362356389.
- 2. PURPOSE OF THE CONTRACT
- Miller & Marc GmbH, operator of the website millerandmarc.com, makes this document available to users in order to comply with the obligations arising from Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE) and to inform all users of the website about the terms of use of the site.
- Any person who accesses this website and uses its services or provides their data assumes the role of user and undertakes to strictly comply with the provisions contained herein and other applicable legal provisions.
- The purpose of this contract is to regulate the provision of services offered through this website, in particular the sale of prescription and non-prescription glasses and frames.
- PURPOSE OF THE CONTRACT
- Miller & Marc GmbH, operator of the website millerandmarc.com, makes this document available to users with the aim of complying with the obligations arising from Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE) and informing users of the website about the conditions of use of the site.
- Any person who accesses this website and uses its services or provides their data assumes the role of user and undertakes to strictly comply with the provisions contained herein and other applicable legal provisions.
- The purpose of this contract is to regulate the provision of services offered through this website, in particular the sale of prescription and non-prescription glasses and frames.
- The following is the contractual document that regulates the provision of our services and the sale of products through the website www.millerandmarc.com, owned by Miller & Marc, SL (hereinafter Miller and Marc). Acceptance of this document implies that the user:
- Having read, understood and internalized what is stated here.
- Person with sufficient legal capacity to enter into contracts.
- Accept and agree to all obligations set forth herein.
- These conditions are valid for an unlimited period of time and apply to all contracts concluded through the millerandmarc.com website until a new version is published.
- 3. PURCHASE OF PRODUCTS
- a. How to buy products
- To order Products, the User must follow the purchasing procedure set out on the Website, read and accept these Terms of Use and select "Complete and Pay" (the "Order"). Miller and Marc will send the User an email to confirm that the order has been accepted (the "Order Confirmation"). The contract between the User and Miller and Marc is finally concluded once Miller and Marc sends the User the purchase confirmation. The subject of the contract is only the Products specified in the Order.
- b. Product availability
- All orders are subject to product availability. If, after sending the shipping confirmation, Miller and Marc is unable to deliver the product requested by the user for any reason, it will contact the user as soon as possible to inform him/her of this. In this case, Miller and Marc may:
- I. Offer the User a product with similar characteristics and specifications to those originally requested, at no additional cost, provided that they satisfy the User's needs;
- II. Offer the User to cancel the order and refund the amount paid for it within fourteen (14) business days.
- C. Refusal to process an order
- Although Miller and Marc endeavours to process all orders, there may be exceptional circumstances which require us to decline to process an order after the order confirmation has been sent. Miller and Marc reserves the right to do so at any time and at its sole discretion.
- Miller and Marc reserves the right to remove any product from the website at any time and to remove or modify any material or content on the website. Miller and Marc shall not be liable to you or any third party for the removal of any product from the website, whether or not that product has been sold, or for the removal or modification of any material or content on the website.
- d. Product warranty
- All products contained in the website are original Miller and Marc products. All of them have a two (2) year warranty in accordance with the criteria and conditions described in the consolidated text of the General Law for the Protection of Consumers and Users and other approved complementary laws.
- Products will be deemed to comply with the Terms of Use provided they meet all of the following requirements:
- I. They correspond to the description given by Miller and Marc and have the characteristics of the product that Miller and Marc presented to the user as a sample or model.
- II. That they are suitable for the usual uses of products of the same type.
- III. They are suitable for any particular use by the user if he has so communicated to Miller and Marc, provided that Miller and Marc has confirmed that the product is suitable for that use.
- IV. They offer the usual quality and performance of a product of the same type that the user can expect given the nature of the product.
- If the product does not meet the established specifications, Miller and Marc will, where appropriate, repair, replace, reduce the price or terminate the contract, these actions being free of charge for the user.
- Miller and Marc is not responsible for any damage to the products that may arise from improper use of the same, as well as for any action or omission of the user that does not comply with the specifications of each product, or for any damage caused by Third Parties that are not involved Miller and Marc are connected.
- Miller and Marc attaches great importance to the presentation and description of the products. However, product photographs are provided for illustrative purposes only. For the exact characteristics of each product, please refer to the corresponding description data attached to each product.
- my. delivery of the products
- Once the shipping confirmation has been sent, the products will be delivered to the address specified by the user when placing the order within approximately one to fifteen (1-15) business days from the day of purchase.
- Miller and Marc assumes no liability if delivery of the product is delayed due to incorrect, inaccurate or incomplete data provided by the user or due to circumstances external to the company responsible for shipping, such as the absence of the user or the retention of the product in customs cannot take place.
- Delivery times are approximate, although Miller and Marc try to meet them.
- f. Price and payment of products
- The prices applicable to each product are those published on the website on the day the user places the order. The prices indicated for each of the products or services offered include VAT (IVA) and are expressed in euros (€). The prices applicable to each Service are those published on the Website or offered in the form of offers and promotions on the Website or in banners, commercial communications from the Provider, etc. Although Miller and Marc tries to ensure that all Prices on the website are correct, errors may occur. If Miller and Marc discovers an error in the price of any of the products ordered by a User, it will inform the User as soon as possible and give the User the opportunity to confirm the order at the correct price or cancel it. If Miller and Marc is unable to contact the User, the order will be considered cancelled and the amounts paid by the User will be fully refunded.
- Miller and Marc is under no obligation to deliver any Product to the User at an incorrect lower price (even if shipping confirmation has already been sent) if the pricing error is obvious and unmistakable and could have reasonably been recognized by the User as an incorrect price.
- Prices may change at any time. However, changes will not affect products for which Miller & Marc has already sent a shipping confirmation.
- i. Payment method
- The user may make payment by credit or debit card Visa, Visa Electron, Mastercard, American Express or through PayPal. To minimize the risk of unauthorized access, the user's credit card information is encrypted. Regardless of whether payment is made by credit card, debit card or through PayPal, the charge will be made at the time Miller and Marc sends the order confirmation to the user. In addition, Miller & Marc offers the user the possibility of financing the product through the financial institution APLÁZAME. In this way, the payment would be divided into four interest-free installments (the first of which is paid at the time of purchase). Subject to approval by the financial institution.
- ii. VAT
- The applicable VAT rate will be the one determined by law at any given time, depending on the specific product in question.
- G. Specific information on the purchase of prescription glasses
- Miller and Marc sells both new and additional or replacement eyeglasses. Although Miller & Marc offers prescriptions to its customers in its physical optical stores, we sometimes use the prescription provided by the customer from other ophthalmologists and opticians-optometrists to offer additional or replacement eyeglasses. If the customer has never worn prescription eyeglasses, we recommend that they first consult with an optician-optometrist or ophthalmologist who will prescribe and fit their eyeglasses.
- In order for Miller & Marc to deliver lenses to the customer, with the specifications prescribed by their vision specialist, the customer must understand and agree to the following conditions:
- i.Miller and Marc will send the customer their replacement glasses based on the information the customer has provided to Miller & Marc.
- ii. Reliability. Miller and Marc trusts that the information provided by the customer when placing an order on www.millerandmarc.com is accurate and in accordance with the prescription prescribed by an eye care professional and that the customer has at some point had an adjustment to that prescription and that it was well tolerated.
- III. That the prescription issued by your optician-optometrist or ophthalmologist has been prescribed within the last twelve months.
- IV. Miller & Marc assumes no liability if the customer fails to fit his/her prescription eyewear to specifications previously provided by the customer to Miller & Marc and as prescribed by a vision specialist.
- v. Miller & Marc reserves the right to not provide prescription glasses because the specifications provided are not clinically appropriate.
- h. Special information about contact lenses.
- i. By purchasing contact lenses, the user accepts that he/she has been informed by a Miller & Marc optician-optometrist of the following points:
- ii. To compensate for my visual impairment, I was informed that I could wear contact lenses. I was also informed about other alternatives.
- III. Appropriate tests have been performed to verify that my ophthalmic condition is suitable for contact lens fitting at this time.
- IV. I have been informed that contact lens use in general has many benefits, but is not without risks. Some users may develop complications that affect vision quality due to improper use.
- v.Slight discomfort is normal during the adaptation process and occasionally redness of the eye or sensitivity to light may occur. These sensations disappear during the adaptation process.
- vi. Cooperation is essential for the success of the fitting. I also receive all the necessary information for the correct handling and maintenance of contact lenses.
- vii. Periodic check-ups are necessary for eye health. Your optician-optometrist will tell you when they should be carried out in your specific case, but at least once a year.
- viii. Extending the use of contact lenses beyond what is recommended by your optician-optometrist may cause problems that affect the quality of your vision.
- IX. If you stop using contact lenses for more than six months, you must restart the adaptation process under the supervision of your optician-optometrist.
- X. My optician-optometrist, as a medical professional, informed me in detail about the nature, advantages, disadvantages and possible complications of contact lens fitting. I was also informed about other alternatives to correct my vision problem.
- xi. I have understood all the information given to me by my optometrist and asked all the questions I thought appropriate. I accept the responsibility of participating in the checks and carrying out the maintenance system indicated by my optician-optometrist. xii. I give my free and voluntary consent to the fitting of contact lenses.
- 4. RETURNS AND EXCHANGES OF PRODUCTS
- a) Right of withdrawal
- If the User acts as a consumer, he may withdraw from the Contract (except in cases provided for by law) and return or exchange the Products delivered at any time within thirty (30) calendar days following the date of delivery (the "Withdrawal Period"). This right of withdrawal does not apply to products manufactured according to specifications made by the buyer or clearly personalized. The merchant has a maximum of 14 days to make the refund after the customer has exercised the withdrawal, but may withhold the refund until the product is at our premises and has been inspected.
- After proper inspection of the returned product to verify that the requirements specified in section c) are met, and if the user does not decide to make an exchange, Miller and Marc will refund the user the amount of the product at no additional cost, except for orders outside Germany, for which shipping costs are the responsibility of the user, as indicated in the following table:
|
Product Collection by Miller and Marc |
Product Shipment by the User |
|
|
Change |
24€ |
14€ |
|
Return |
14€ |
without expenses |
- No product exchanges or returns will be accepted once the cancellation period has ended. Exchanges will only be accepted for products that may present defects, as established in section b) below.
- b) Return or replacement of defective products
- In the event that the User considers that the Product does not conform to the specifications established for this Product, he/she must immediately contact Miller and Marc by email at the contact address hallo@millerandmarc.com, specifying the details of the product, the defect and whether a return or a replacement for an identical product is preferred.
- The User may return the Products where they were delivered, to a courier sent by Miller and Marc, or return the Product itself. After proper inspection of the returned Product, Miller and Marc will send the User an email within a reasonable time to notify him of the return or replacement of the Product (the "Return or Exchange Decision"). In this case, the return or exchange of the product will be made as soon as possible and in any case within fourteen (14) calendar days from the sending of the return or exchange decision.
- In the event of a return, Miller and Marc will reimburse the user the full price of the product as well as the shipping costs to be paid by the user in Spain. If the user prefers a replacement, Miller and Marc will cover all shipping costs within Spain.
- c) Common provisions for returns
- To exercise the right of withdrawal and make product returns and exchanges, the user must meet the following requirements:
- i To arrange for the collection of the Product, the User must first contact Miller and Marc by sending an email to the contact address hallo@millerandmarc.com;
- ii The User may demonstrate the exercise of the right of withdrawal in any way permitted by law, with the return of the Product being considered a valid exercise;
- iii The product must be returned in the condition in which it was received. Miller and Marc will not refund any amount if the product has been damaged, so the user must handle the product with care while it is in their possession; and
- iv Gift cards are non-refundable
- The refund will be made to the same payment method that the user used to pay for the product.
- 5. HOME PRODUCT TEST SERVICE
- Miller & Marc offers a free 5-day home try-on service for 5 frames. During the checkout process, bank details will be requested before the order for the home try-on is placed. No amount will be deducted from the customer's bank account for the frames, except in the following case:
- Only if the trial glasses are not returned within 10 working days or if one of the frames is damaged, a fee of €79 will be charged to the customer's account for each unreturned or damaged frame. This is our price for frames without lenses. To avoid this fee, the customer simply needs to hand the trial frames over to the courier, who will contact them 5 days after receiving the frames (we will send them a reminder email). If the trial period ends on a weekend or public holiday, we will collect it on the next working day. If the customer needs an additional day, they can request it by sending an email to orders@millerandmarc.com . .
- 6. USE OF THE SITE
- Miller and Marc provides access to a multitude of information, services or data (hereinafter "Content") on the Internet belonging to Miller and Marc and which the User may access. The User assumes responsibility for the use of the portal. This responsibility extends to registration, which may be necessary to use certain services or content. During this registration, the User is responsible for providing truthful and lawful information. The User undertakes to make appropriate use of the content and services that Miller and Marc offers on its website.
- 7. TERMS AND CONDITIONS OF THE SITE AND ITS ACCEPTANCE
- These terms and conditions govern your visit to the millerandmarc.com website. Visiting the website constitutes your full and unconditional acceptance of each of the terms and conditions. If you do not agree to the terms and conditions, you are not entitled to visit the millerandmarc.com website. The advisory service provided by this website is also subject to these terms and conditions.
- 8. ACCESS AND VISIT TO THE SITE
- The provision of the website service by Miller and Marc is free of charge and does not require any prior login or registration by the user.
- 9. CORRECT VISIT TO THE WEBSITE
- You agree to use the website, its content and the Miller and Marc Service in accordance with the law and these Terms, morality and public order. You also agree not to use the website, its content and the Miller and Marc Service for any unlawful purpose or effect that is contrary to these Terms, that violates the rights and interests of third parties or that in any way interferes with the website and/or its content and/or may damage, disable, overburden or degrade the Miller and Marc Service or prevent any other person from using or enjoying it.
- You must refrain from altering any identifying information about Miller and Marc provided on the millerandmarc.com website.
- You must refrain from manipulating the technical devices for protecting content or information and, in general, the configuration of the millerandmarc.com website.
- 10. LIMITATION OF WARRANTIES AND LIABILITIES
- Miller and Marc does not control or guarantee the absence of viruses or other elements in the Content that may cause changes in your computer system (software and hardware) or in your electronic documents and files stored on your computer system. Miller and Marc rejects any liability for damages of any kind that may arise from the presence of viruses or other elements in the Content that may cause changes in your computer system, electronic documents or files and, in general, in those of the users of the website.
- 11. COPYRIGHT, INTELLECTUAL AND INDUSTRIAL PROPERTY
- All content on the millerandmarc.com website and the Miller and Marc Service are the exclusive and worldwide property of Miller and Marc, including, but not limited to, graphic design, logos, images, text, trademarks and other distinctive symbols used in each or programming languages used, as well as all software for the operation and development of the website. Reproduction, distribution, public communication, transfer and any other act or form of exploitation not expressly authorized by the owner of the exploitation rights is prohibited.
- All trademarks appearing on the millerandmarc.com website are registered trademarks and property of Miller and Marc.
- 12. TECHNICAL LINK DEVICES
- The Website frequently makes available to the User technical linking devices (links, banners or buttons), directories and search tools that allow Users to access websites owned and/or managed by third parties. Miller and Marc does not provide, directly or through third parties, the services available on the Linked Sites, nor does it control, monitor or approve the products, services, content, information, data, files and any type of material on said Linked Sites.
- Therefore, Miller and Marc disclaims any liability for information located outside this website and not maintained by Miller and Marc. The purpose of the links shown is solely to inform the user of the existence of other sources of information on the subject on the Internet, where they can expand on the data offered on this website. These links do not constitute a suggestion, invitation or recommendation to visit the destinations and therefore Miller and Marc will not be responsible for the results obtained through these hypertext links.
- 13. LAW AND JURISDICTION
- These terms and any relationship between you and Miller and Marc are governed by Spanish law.
- For any dispute between you and Miller & Marc arising from the existence or content of these Terms or your visit to the Site, both parties, expressly waiving any other jurisdiction they may have, submit to the exclusive jurisdiction of the country.
